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What we know (and what we don’t) about the TTC subway upload

The Ontario government’s plan to take ownership of the Toronto Transit Commission subway took a step forward Tuesday, when the province and city released joint terms of reference for their discussions about “uploading” the rail network to Queen’s Park.

The nine-page document answers some questions about the controversial upload proposal, which is backed by Premier Doug Ford and his Progressive Conservative government and opposed by a majority of city council, but there are still many unknowns:

Have the province and city reached a deal to upload the subway?

No. There’s no final agreement yet, but the terms of reference, which were signed by representatives of the province, city, and TTC on Monday, set a framework for formal discussions between the city and province about the upload.

Why does the province want to take ownership of the subway?

The Conservative government argues the province has more financial tools at its disposal that would allow it to build more subway projects and complete them faster. It also argues the subway network is an important transit asset for the GTA, and Queen’s Park is best positioned to “plan a more efficient regional transit network.”

Why does city council oppose the plan?

Council has repeatedly voted to keep the subway in the city’s hands, most recently in December. Councillors who oppose the upload have argued the province has no track record of building transit faster, and warn the TTC’s bus, streetcar and subway routes are closely integrated. They say splitting ownership of the system will only worsen service.

They also say the best way for the province to improve transit would be to increase funding for the system while allowing the city to control where new lines are built.

The province has consistently framed the upload as Queen’s Park taking ownership of the subway network and assuming responsibility for maintaining existing lines and building new ones. The day-to-day operation of the system would be left to the city, which would also oversee labour relations and keep fare box revenue.

But the terms of reference specify that the city and province will consider at least two additional options that would result in a less extensive upload. One would see the province only take ownership of new subway lines while leaving the existing network in the city’s hands; the other would have Queen’s Park merely assume responsibility for new lines with no ownership changes.

In an interview Tuesday, Transportation Minister Jeff Yurek said the province’s objective remains unchanged, however. “Our goal is still at the end of the day to take ownership of the subway,” he said.

Will the TTC still operate the subway?

Critics of the upload, including the TTC’s largest workers’ union and advocacy group TTCriders, have warned giving the Progressive Conservatives control of the subway would result in the province privatizing the subway, raising the spectre of higher fares and worse service.

But the terms of reference make no mention of the TTC giving up responsibility for operating the lines or setting fares. Where the document references operations, it affirms the TTC would still run the system.

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Will Toronto residents and transit users get a chance to weigh in on this proposal?

Yes. The terms state the province and city will hold public consultations, although it’s not yet clear what form they’ll take.

Yurek said the province is open to getting public feedback, but he didn’t expect what the government hears will force it to change course.

“Obviously we’ll take a listen to the consultations going forward, but I think you can ask most commuters ... the status quo isn’t working, and the province is going to take a bigger responsibility and role in delivery of subways in the city,” he said.

What happens next?

The immediate focus of discussions will be assessing the different options for the upload and determining the value of the subway assets.

During the second stage of talks, the two sides would hash out the details about governance, decision-making and funding for the new model.

Council is expecting to get an update on the process from city staff within the next six weeks.

Although there’s much still to be settled, Yurek said he plans to introduce legislation before the Legislature rises in June that would “start the upload process.”

Can councillors who oppose the upload do anything to stop it?

A legal opinion provided to council last year concluded the city has no legislative authority to prevent the upload. But councillors who oppose the plan argue it would be effective for them to strongly reject the upload and rally public support around that position.

“City council must clearly state (the subway is) not for sale, it’s not to be taken, it’s not to be stolen, we’re just not interested. Thanks for your offer, no thanks, go away,” said Councillor Kristyn Wong-Tam.

Ben Spurr is a Toronto-based reporter covering transportation. Reach him by email at bspurr@thestar.ca or follow him on Twitter: @BenSpurr

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